North Carolina General Statutes 66-257. Misdemeanor violations
(a) Class 1 Misdemeanors. – A person who does any of the following commits a Class 1 misdemeanor:
(1) Fails to keep a record of new merchandise and fails to produce a record or an affidavit pursuant to N.C. Gen. Stat. § 66-254
Attorney's Note
Under the N.C. Gen. Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 1 misdemeanor | up to 120 days | |
| Class 2 misdemeanor | up to 60 days | up to $1,000 |
| Class 3 misdemeanor | up to 20 days | up to $200 |
Terms Used In North Carolina General Statutes 66-257
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
(2) Falsifies a record of new merchandise required by N.C. Gen. Stat. § 66-254
(b) Class 2 Misdemeanors. – A person who does any of the following commits a Class 2 misdemeanor:
(1) If the person is an itinerant merchant or a specialty market vendor, fails to display the certificate of registration as required by N.C. Gen. Stat. § 66-252
(2) If the person is a specialty market operator, fails to maintain the daily registration list as required by N.C. Gen. Stat. § 66-255
(c) Class 3 Misdemeanors. – A person who does any of the following commits a Class 3 misdemeanor:
(1) If the person is a peddler or an itinerant merchant, fails to obtain the permission of the property owner as required by N.C. Gen. Stat. § 66-251
(2) If the person is a peddler or a specialty market operator, fails to produce the certificate of registration as required by N.C. Gen. Stat. § 66-252
(3) Fails to provide name, address, or identification upon request as required by N.C. Gen. Stat. § 66-253 or provides false information in response to the request.
(4) Knowingly gives false information when registering pursuant to N.C. Gen. Stat. § 66-255
(d) Defense. – Whenever satisfactory evidence is presented in any court of the fact that permission to use property was not displayed as required by N.C. Gen. Stat. § 66-251 or that a certificate of registration was not displayed or produced as required by N.C. Gen. Stat. § 66-252, the person charged may not be found guilty of that violation if the person produces in court a valid permission or a valid certificate of registration, respectively, that had been issued prior to the time the person was charged. (1996, 2nd Ex. Sess., c. 14, s. 24; 1998-121, s. 8.)